Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment sought time barred - Where the party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleading, amendment in such circumstances would be refused...........
Specific Relief Act, 1963, Section 22, Transfer of Property Act, 1882, Section 55(1)(f) -- Decree for specific performance of contract - Includes everything incidental to be done by a party to compile She sale transaction - Held, even when the decree h silent regarding delivery of possession executing Court competent to deliver possession...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for specific performance Consent decree passed on undertaking given by defendant that no third party rights would be created in suit property - In breach of undertaking third party rights created - In execution third party claiming tenancy rights - Creation of tenancy in breach of undertaking itself being nullity,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment sought time barred - Where the party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleading, amendment in such circumstances would be refused...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Execution - High Court converted the proceedings into claims and counter-claims to which the second respondent was not a party - Held, the High Court acted against all notions of law in execution - Order of High Court set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary or proper party - Plaintiff is dominus litus and if the plaintiff does not object, the defendants would not be within their rights to contend that applicants be not allowed to be brought on record...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Death of plaintiff - L.R's brought on record - Application U.O.I.R.10, by respondents, during pendency of trial pleading that a part of land alienated in their favour by original plaintiff - Trial Court rejected application - Revision allowed - Plaintiff did not object - Plaintiff is dominus litus and..........
Evidence -- Last opportunity to produce evidence at own risk & responsibility - Summons issued but received back unserved - Evidence closed - High Court granted one opportunity to produce evidence - Party can take assistance of Court as provided by O.16.R.7-A but non-service or non-appearance of the witnesses shall not be a ground to seek another date for their evidence..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit against Govt to establish some right in Govt.land - Applicant claiming to be social worker interested in protecting Govt. and poor people - Not a necessary party - Cannot be impleaded as a defendant...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Can be allowed even in a case where the lower Court has refused to admit evidence which ought to have been admitted or the evidence which could not be produced by a party after due diligence...........
